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Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2012 Unofficial consolidation INFORMATION DOCUMENT NOT A LEGAL TEXT STATUTORY INSTRUMENTS S.I. No. 299 of 2007 Safety, Health and Welfare at Work (General Application) Regulations 2007 as amended by SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) (AMENDMENT) REGULATIONS 2007 (S.I. No. 732 of 2007) SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) (AMENDMENT) REGULATIONS 2010 (S.I. No. 176 of 2010) SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) (AMENDMENT) REGULATIONS 2012 (S.I. No 445 of 2012) IMPORTANT NOTICE This document is an unofficial consolidation of the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2012, prepared by the Health and Safety Authority. This document is not a legal document and should only be used as an informal guide to the legislation. Unofficial Consolidated Text January 2013

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  • Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2012 – Unofficial consolidation

    INFORMATION DOCUMENT

    NOT A LEGAL TEXT

    STATUTORY INSTRUMENTS

    S.I. No. 299 of 2007

    Safety, Health and Welfare at Work (General Application) Regulations 2007

    as amended by

    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    (AMENDMENT) REGULATIONS 2007 (S.I. No. 732 of 2007)

    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    (AMENDMENT) REGULATIONS 2010 (S.I. No. 176 of 2010)

    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    (AMENDMENT) REGULATIONS 2012 (S.I. No 445 of 2012)

    IMPORTANT NOTICE

    This document is an unofficial consolidation of the Safety, Health and Welfare at Work (General

    Application) Regulations 2007 to 2012, prepared by the Health and Safety Authority. This document is not a legal document and should only be used as an informal guide to the legislation.

    Unofficial Consolidated Text

    January 2013

  • Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2012 – Unofficial consolidation

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    Arrangement of Regulations

    PART 1

    INTERPRETATION AND GENERAL

    1 Citation and commencement.

    2 Interpretation.

    3 Revocations and savings.

    PART 2

    WORKPLACE AND WORK EQUIPMENT

    Chapter 1 — Workplace

    4 Interpretation for Chapter 1.

    5 Stability and solidity.

    6 Ventilation of enclosed places of work.

    7 Room temperature.

    8 Natural and artificial lighting.

    9 Floors, walls, ceilings and roofs of rooms.

    10 Windows and skylights.

    11 Doors and gates.

    12 Emergency routes and exits.

    13 Fire detection and fire fighting.

    14 Movement of pedestrians and vehicles in danger areas.

    15 Specific measures for escalators and travelators.

    16 Loading bays and ramps.

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    17 Room dimensions and air space in rooms and freedom of movement at the

    workstation.

    18 General welfare requirements.

    19 Rest rooms and rest areas.

    20 Sanitary and washing facilities.

    21 Changing rooms and lockers.

    22 Accommodation areas at a place of work.

    23 Outdoor places of work, special provisions.

    24 Pregnant, postnatal and breastfeeding employees.

    25 Employees with disabilities.

    26 Agreements as to a premises used as a place of work.

    Chapter 2 — Use of Work Equipment

    27 Interpretation for Chapter 2.

    28 Duties of employer, use of work equipment.

    29 Information and instruction.

    30 Inspection of work equipment.

    31 Maintenance.

    32 Control devices.

    33 Guards and protection devices.

    34 Connection to energy sources.

    35 Contact with wheels or tracks of mobile work equipment.

    36 Drive systems of mobile work equipment.

    37 Combustion engines of mobile work equipment.

    38 Roll-over of mobile work equipment.

    39 Fork-lift trucks.

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    40 Safety of self-propelled work equipment.

    41 Traffic rules for mobile work equipment.

    42 Work equipment for lifting loads.

    43 Cranes.

    44 Support of lifting equipment.

    45 Work equipment for lifting goods or persons.

    46 Hoists and lifts.

    47 Winch-operated hoists and lifts.

    48 Conditions regarding lifting of persons.

    49 Lifting accessories.

    50 Work equipment for lifting non-guided loads.

    51 Lifting equipment—signalling and operation.

    52 Examination and testing of lifting equipment.

    53 Reports by competent persons.

    54 Keeping of records and registers of lifting equipment.

    55 Safe working loads for excavators, draglines, telehandlers, loaders or combined

    excavators and loaders when used as cranes.

    56 Specific requirements for scotch and guy derrick cranes.

    57 Construction, testing, examination and safe working load of lifting accessories.

    58 Delivery of loads with lifting accessories attached.

    59 Duty of persons who hire lifting equipment to others.

    60 Duty of the master of a ship in respect of examination of lifting equipment.

    61 Duty of the owner of a fishing vessel in respect of examination of lifting equipment.

    Chapter 3 — Personal Protective Equipment

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    62 Provision of personal protective equipment.

    63 Assessment of personal protective equipment.

    64 Conditions of use and compatibility.

    65 Personal use.

    66 Maintenance and replacement.

    67 Information, training and instruction.

    Chapter 4 — Manual Handling of Loads

    68 Interpretation for Chapter 4.

    69 Duties of employer.

    Chapter 5 — Display Screen Equipment

    70 Interpretation for Chapter 5.

    71 Non-application of Chapter 5.

    72 Duties of employer.

    73 Provision of eye tests and corrective appliances.

    PART 3

    ELECTRICITY

    74 Interpretation for Part 3.

    75 Application of Part 3.

    76 Suitability of electrical equipment and installations.

    77 Adverse or hazardous environments.

    78 Identification and marking.

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    79 Protection against electric shock in normal conditions.

    80 Protection against electric shock in fault conditions.

    81 Portable equipment.

    82 Connections and cables.

    83 Overcurrent protection.

    84 Auxiliary generator and battery supply.

    85 Switching and isolation for work on equipment made dead.

    86 Precautions for work on electrical equipment.

    87 Working space, access and lighting.

    88 Persons to be competent to prevent danger.

    89 Testing and inspection.

    90 Earth leakage protection for higher voltage.

    91 Substation and main switch room.

    92 Fencing of outdoor equipment.

    93 Overhead lines and underground cables.

    PART 4

    WORK AT HEIGHT

    94 Interpretation for Part 4.

    95 Organisation, planning and risk assessment.

    96 Checking of places of work at height.

    97 Weather conditions.

    98 Avoidance of risks from work at height.

    99 Protection of places of work at height.

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    100 Selection of work equipment for work at height.

    101 Condition of surfaces for supporting structures.

    102 Stability of supporting structure.

    103 Guard-rails, toe-boards, barriers, etc.

    104 Stability of working platforms.

    105 Safety on working platforms.

    106 Loading of working platform and supporting structures.

    107 Scaffolding, additional requirements.

    108 Collective safeguards for arresting falls.

    109 Personal fall protection systems.

    110 Work positioning systems.

    111 Rope access or positioning technique.

    112 Fall arrest systems.

    113 Work restraint systems.

    114 Ladders.

    115 Fragile surfaces.

    116 Falling objects.

    117 Danger areas.

    118 Interpretation for Regulation 119

    119 Inspection of work equipment.

    PART 5

    PHYSICAL AGENTS

    Chapter 1 — Control of Noise at Work

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    120 Interpretation.

    121 Application.

    122 Transitional periods.

    123 Exposure limit values and exposure action values.

    124 Determination and assessment of risks above a lower exposure action value.

    125 Provisions aimed at avoiding or reducing exposure.

    126 Application of upper exposure action values.

    127 Prevention of exposure above noise level of 85dB(A).

    128 Application of exposure limit value.

    129 Personal protection.

    130 Employee information, training and consultation.

    131 Health surveillance, records and effects.

    132 Exemptions.

    Chapter 2 — Control of Vibration at Work

    133 Interpretation.

    134 Transitional periods.

    135 Exposure limit values and action values.

    136 Determination and assessment of risks.

    137 Provisions aimed at avoiding or reducing exposure.

    138 Application of exposure action values.

    139 Application of exposure limit value.

    140 Employee information and training.

    141 Health surveillance, records and effects.

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    142 Exemptions.

    PART 6

    SENSITIVE RISK GROUPS

    Chapter 1 — Protection of Children and Young Persons

    143 Interpretation for Chapter 1.

    144 Risk assessment.

    145 Circumstances prohibiting employment of a child or young person.

    146 Health surveillance.

    Chapter 2 — Protection of Pregnant, Post Natal and Breastfeeding Employees

    147 Interpretation for Chapter 2.

    148 Application of Chapter 2.

    149 Risk assessment.

    150 Protective or preventive measures.

    151 Night work.

    152 Information.

    Chapter 3 — Night Work and Shift Work

    153 Interpretation for Chapter 3.

    154 Application of Chapter 3.

    155 Night work risk assessment.

    156 Protective or preventive measures with respect to night workers and shift workers.

    157 Health assessment and transfer to day work.

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    PART 7

    SAFETY SIGNS AND FIRST-AID

    Chapter 1 — Safety Signs at Places of Work

    158 Interpretation for Chapter 1.

    159 Application of Chapter 1.

    160 Provision of safety signs.

    161 Information and instruction for employees.

    162 Prohibition of unauthorised information on signs.

    Chapter 2 — First-aid

    163 Interpretation for Chapter 2.

    164 Application of Chapter 2.

    165 Provisions for first-aid.

    166 First-aid rooms.

    PART 8

    EXPLOSIVE ATMOSPHERES AT PLACES OF WORK

    167 Interpretation for Part 8.

    168 Application of Part 8.

    169 Assessment of explosion risk and explosion protection document.

    170 Classification of places where explosive atmospheres may occur.

    171 Prevention against explosion.

    172 Safety of plant, equipment and protective systems.

    173 Training, instructions, permits to work.

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    174 Protection of employees from explosion.

    175 Coordination at workplaces.

    PART 9

    Control of Artificial Optical Radiation at Work

    176. Interpretation for Part 9.

    177. Application of Part 9.

    178. Exposure Limit Values.

    179. Determination of Exposure and Assessment of Risks.

    180. Provisions aimed at Avoiding or Reducing Exposure.

    181. Employee Information and Training.

    182. Health Surveillance.

    [Inserted by reg. 2(a) of the Safety, Health and Welfare at Work (General

    Application)(Amendment) Regulations 2010 (S.I. No. 176 of 2010) (commenced 29 April

    2010)]

    PART 10

    PRESSURE SYSTEMS

    183. Interpretation for Part 10.

    184. Application of Part 10.

    185. Revocations, saver and transitional matters.

    186. Design, construction and safe operating limits of a pressure system, or parts thereof.

    187. Installation of pressure equipment or a pressure system.

    188. Marking.

    189. Information and instruction.

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    190. Maintenance of pressure systems.

    191. Examination of pressure equipment or a pressure system.

    192. Report by a competent person.

    193. Keeping of records and registers of pressure vessels.

    194. Duty of persons who hire pressure equipment to others.

    [Inserted by reg. 2(a) of the Safety, Health and Welfare at Work (General

    Application)(Amendment) Regulations 2012 (S.I. No. 445 of 2012) (signed 12 November

    2012, commenced 01 January 2013)]

    SCHEDULE 1

    REQUIREMENTS FOR WORK EQUIPMENT

    Part A — Exemption from certain provisions of Regulation 46

    Part B — Period of thorough examination of lifting equipment, lifting accessory

    equipment or other miscellaneous equipment

    Part C — Circumstances requiring testing of lifting equipment as part of a thorough

    examination

    Part D — Equipment that has a lifting function, is subject to Regulation 30 and is not

    subject to Regulation 52

    Part E — Information to be contained in report of thorough examination

    SCHEDULE 2

    PERSONAL PROTECTIVE EQUIPMENT

    Part A — Guide list of activities and sectors of activity which may require provision

    of personal protective equipment

    Part B — Guide list of items of personal protective equipment

    SCHEDULE 3

    RISK FACTORS FOR MANUAL HANDLING OF LOADS

    SCHEDULE 4

    MINIMUM REQUIREMENTS FOR ALL DISPLAY SCREEN EQUIPMENT

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    SCHEDULE 5

    PARTICULARS TO BE INCLUDED IN A REPORT OF INSPECTION

    SCHEDULE 6

    HAND-ARM VIBRATION AND WHOLE-BODY VIBRATION

    Part A — Hand-arm vibration

    Part B — Whole-body vibration

    SCHEDULE 7

    PROTECTION OF CHILDREN AND YOUNG PERSONS

    Part A — Guide list of agents, processes and work

    Part B — Processes and work

    SCHEDULE 8

    LISTS OF AGENTS, PROCESSES AND WORKING CONDITIONS RELATING TO

    PREGNANT, POST NATAL AND BREASTFEEDING EMPLOYEES

    Part A — Pregnant, post natal and breastfeeding employees

    Part B — Pregnant employees

    Part C — Employees who are breastfeeding

    SCHEDULE 9

    SAFETY AND HEALTH SIGNS AT WORK

    Part A — General requirements

    Part B — Signboards

    Part C — Signs on containers and pipes

    Part D — Identification and location of fire-fighting equipment used exclusively for

    fire-fighting purposes

    Part E — Signs used for obstacles and dangerous locations and for marking traffic

    routes

    Part F — Illuminated signs

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    Part G — Acoustic signs

    Part H — Verbal communication

    Part I — Hand signals

    SCHEDULE 10

    EXPLOSIVE ATMOSPHERES

    Part A — Classification of places where explosive atmospheres may occur

    Part B — Warning sign for places where explosive atmospheres may occur

    SCHEDULE 11

    ARTIFICIAL OPTICAL RADIATION

    Part 1:

    Non-Coherent Optical Radiation

    Part 2:

    Laser Optical Radiation

    Part 3:

    Assessment, Measurement and Calculation of Exposure

    [Inserted by reg. 2(b) of the Safety, Health and Welfare at Work (General

    Application)(Amendment) Regulations 2010 (S.I. No. 176 of 2010) (commenced 29 April

    2010)]

    SCHEDULE 12

    PRESSURE SYSTEMS

    Part A - Pressure systems excepted from Part 10

    Part B - Period of examination of pressure vessels

    Part C - Marking of pressure vessels

    Part D - Information to be contained in report of examination

    [Inserted by reg. 2(b) of the Safety, Health and Welfare at Work (General

    Application)(Amendment) Regulations 2012 (S.I. No. 445 of 2012) (signed 12 November

    2012, commenced 01 January 2013)]

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    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    REGULATIONS 2007 (S.I. No. 299 of 2007)

    as amended by

    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    (AMENDMENT) REGULATIONS 2007 (S.I. No. 732 of 2007)

    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    (AMENDMENT) REGULATIONS 2010 (S.I. No. 176 of 2010)

    SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION)

    (AMENDMENT) REGULATIONS 2012 (S.I. No 445 of 2012)

    I, Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment, in

    exercise of powers conferred on me by section 58 of the Safety, Health and Welfare at Work

    Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment (Delegation of

    Ministerial Functions) Order 2005 (S.I. No. 316 of 2005), after consultation with the Health

    and Safety Authority, hereby make the following regulations-

    Part 1

    Interpretation and General

    Citation and commencement.

    1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work

    (General Application) Regulations 2007.

    (2) These Regulations come into operation on 1 November 2007.

    Interpretation.

    2. (1) In these Regulations:

    “Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);

    “lifting equipment” means work equipment for lifting, lowering loads or pile

    driving, and includes anything used for anchoring, fixing or supporting such

    equipment;

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    “personal protective equipment” means all equipment designed to be worn or held

    by an employee for protection against one or more hazards likely to endanger

    the employee's safety and health at work, and includes any additions and

    accessories to the equipment, if so designed, but does not include—

    (a) ordinary working clothes and uniforms not specifically designed to

    protect the safety and health of an employee,

    (b) personal protective equipment for the purposes of road transport,

    (c) sports equipment,

    (d) self-defence equipment or deterrent equipment, or

    (e) portable devices for detecting and signalling risks and nuisances;

    “public road” means a road the responsibility for the maintenance of which lies on

    a road authority;

    “road authority” means a county council, a city council or a town council (within

    the meaning of the Local Government Act 2001 (No. 37 of 2001)) other than

    the council of a town mentioned in Part 2 of Schedule 6 to that Act;

    “work equipment” means any machinery, appliance, apparatus, tool or installation

    for use at work.

    (2) An employer shall ensure that, where activities mentioned in sections 6 and

    11(5) of the Act are being carried out, the safety, health and welfare of the

    employer's employees are protected as far as possible, taking account of the

    relevant statutory provisions.

    (3) Without prejudice to the generality of section 19 of the Act, an employer shall,

    in identifying hazards and assessing risks under that section, take account of

    particular risks if any, affecting employees working alone at the place of work

    or working in isolation at remote locations.

    (4) Any reference in these Regulations to provisions encompassed in the

    generality of the Act shall be without prejudice to the requirements of those

    provisions in the Act.

    Revocations and savings.

    3. (1) The following are revoked:

    (a) Factories (Report of Examination of Hoists and Lifts) Regulations 1956

    (S.I. No. 182 of 1956),

    (b) Factories Act 1955 (Hoists and Lifts) (Exemption) Order 1957 (S.I. No.

    80 of 1957),

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    (c) Factories Act 1955 (Lifts) (Exemption) Order 1960 (S.I. No. 129 of

    1960),

    (d) Regulations 22 to 35 and 37 and 38 and the Schedule to the Docks

    (Safety, Health and Welfare) Regulations 1960 (S.I. No. 279 of 1960),

    (e) Factories Act, 1955 (Hoistways) (Exemption) Order 1962 (S.I. No. 211 of

    1962),

    (f) Quarries (Electricity) Regulations 1972 (S.I. No. 50 of 1972),

    (g) Mines (Electricity) Regulations 1972 (S.I. No. 51 of 1972),

    (h) Quarries (General) Regulations 1974 (S.I. No. 146 of 1974) to the extent

    of in Regulation 3, the definitions of “lifting appliance” and “safe

    working load” Regulations 40 and 41, in the First Schedule “FORM No.

    3” and “FORM No. 5” and the Second Schedule,

    (i) Shipbuilding and Ship-Repairing (Safety, Health and Welfare)

    Regulations 1975 (S.I. No. 322 of 1975) to the extent of in Regulation

    3(1), the definitions of “lifting equipment” and “lifting gear” and

    Regulations 32 to 48,

    (j) Factories Act 1955 (Hoistways) (Exemption) Order 1976 (S.I. No. 236 of

    1976),

    (k) Factories Act 1955 (Hoists) (Exemption) Order 1977 (S.I. No. 13 of

    1977),

    (l) Mines (Electricity) (Amendment) Regulations 1979 (S.I. No. 125 of

    1979),

    (m) Quarries (Electricity) (Amendment) Regulations 1979 (S.I. No. 126 of

    1979),

    (n) Safety in Industry Acts 1955 and 1980 (Hoists and Hoistways)

    (Exemption) Order 1985 (S.I. No. 100 of 1985),

    (o) Safety, Health and Welfare at Work (General Application) Regulations

    1993 (S.I. No. 44 of 1993), other than Part X and the Twelfth Schedule,

    (p) Safety, Health and Welfare at Work (Signs) Regulations 1995 (S.I. No.

    132 of 1995),

    (q) Safety, Health and Welfare at Work (Miscellaneous Welfare Provisions

    Regulations 1995 (S.I. No. 358 of 1995),

    (r) Safety, Health and Welfare at Work (Children and Young Persons)

    Regulations 1998 (S.I. No. 504 of 1998),

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    (s) Safety, Health and Welfare at Work (Night Work and Shift Work)

    Regulations 2000 (S.I. No. 11 of 2000),

    (t) Safety, Health and Welfare at Work (Pregnant Employees etc.)

    Regulations 2000 (S.I. No. 218 of 2000),

    (u) Safety, Health and Welfare at Work (General Application) (Amendment

    Regulations 2001 (S.I. No. 188 of 2001),

    (v) Regulations 80 to 123 of the Safety, Health and Welfare at Work

    (Construction Regulations 2001 (S.I. No. 481 of 2001),

    (w) Safety, Health and Welfare at Work (Explosive Atmospheres)

    Regulations 2003 (S.I. No. 258 of 2003),

    (x) Safety, Health and Welfare at Work (Work at Height) Regulations 2006

    (S.I. No. 318 of 2006),

    (y) Safety, Health and Welfare at Work (Control of Vibration at Work)

    Regulations 2006 (S.I. No. 370 of 2006), and

    (z) Safety, Health and Welfare at Work (Control of Noise at Work)

    Regulations 2006 (S.I. No. 371 of 2006), except Regulation 11(3) of

    those Regulations.

    (2) Regulation 11(3) of the Safety, Health and Welfare at Work (Control of Noise

    at Work Regulations 2006 (S.I. No. 371 of 2006) is revoked on 14 February,

    2008.

    Part 2

    Workplace and Work Equipment

    Chapter 1 — Workplace

    Interpretation for Chapter 1.

    4. In this Chapter—

    “place of work” means a place of work intended to house workstations on the

    premises of an undertaking and any other place within the area of the

    undertaking to which an employee has access in the course of his or her

    employment but does not include—

    (a) means of transport used outside the undertaking or a place of work inside

    a means of transport,

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    (b) temporary or mobile work sites, including construction sites,

    (c) extractive industries,

    (d) fishing boats,

    (e) fields, woods and land forming part of an agricultural or forestry

    undertaking but situated away from the undertaking's buildings.

    Stability and solidity.

    5. An employer shall ensure that buildings which house places of work shall have a

    structure and solidity appropriate to the nature of their use.

    Ventilation of enclosed places of work.

    6. An employer shall ensure that—

    (a) sufficient fresh air is provided in enclosed places of work, having regard

    to the working methods used and the physical demands placed on the

    employer's employees,

    (b) if a forced ventilation system is used, it is maintained in working order

    and any breakdown is indicated by a control system if necessary for the

    safety and health of employees,

    (c) if air-conditioning or mechanical ventilation installations are used, they

    operate in such a way that employees are not exposed to draughts which

    cause discomfort, and

    (d) any deposit or dirt likely to create an immediate danger to the safety and

    health of employees by polluting the atmosphere is removed without

    delay.

    Room temperature.

    7. (1) An employer shall ensure that—

    (a) during working hours, the temperature in rooms containing workstations

    is appropriate for human beings, having regard to the working methods

    being used and the physical demands placed on the employees,

    (b) for sedentary office work, a minimum temperature of 17.5°C, so far as is

    reasonably practicable, is achieved and maintained at every workstation

    after the first hour's work,

    (c) for other sedentary work, at every workstation where a substantial

    proportion of the work is done sitting and does not involve serious

    physical effort, a minimum temperature of 16°C is, so far as is

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    reasonably practicable, achieved and maintained after the first hour's

    work,

    (d) means are available to enable persons at work to measure the temperature

    in any workplace inside a building,

    (e) the temperature in rest areas, rooms for duty staff, sanitary facilities,

    canteens and first-aid rooms is appropriate to the particular purpose of

    such areas, and

    (f) in relation to windows, skylights and glass partitions, excessive effects of

    sunlight are avoided in places of work, having regard to the nature of the

    work and the characteristics of the place of work.

    (2) The temperature referred to in paragraphs (1)(b) and (c) shall be a dry bulb

    temperature taken at the working position of the employee at 1.1 m above the

    floor surface.

    (3) Where, due to process requirements, a workplace temperature below 16°C is

    necessary the employer shall assess the risks and take any necessary measures

    to ensure the safety health and welfare of the employer's employees.

    Natural and artificial lighting.

    8. An employer shall ensure that—

    (a) places of work receive, as far as possible, sufficient natural light and are

    equipped with artificial lighting adequate for the protection of the safety

    and health of the employer's employees,

    (b) lighting installations in rooms containing workstations and in

    passageways are placed in such a way that there is no risk of accident to

    the employer's employees as a result of the type of lighting fitted, and

    (c) places of work in which the employer's employees are especially exposed

    to risks in the event of failure of artificial lighting are provided with

    emergency lighting of adequate intensity.

    Floors, walls, ceilings and roofs of rooms.

    9. (1) An employer shall ensure that—

    (a) the floors of rooms have no dangerous bumps, holes or slopes and are

    fixed, stable and, so far as is reasonably practicable, not slippery,

    (b) the surfaces of floors, walls and ceilings in rooms are such that they can

    be cleaned or refurbished to an appropriate standard of hygiene,

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    (c) access to roofs and suspended ceilings made of materials of insufficient

    strength is not permitted unless—

    (i) equipment is provided to ensure that the work can be carried out in

    a safe manner, and

    (ii) appropriate warning signs in accordance with Part 7, Chapter 1

    are placed at such access points,

    (d) transparent and translucent walls, in particular all-glass partitions, in

    rooms or in the vicinity of workstations and traffic routes are—

    (i) clearly indicated,

    (ii) made of safety material, or

    (iii) shielded from such places or traffic routes,

    to prevent employees from coming into contact with the walls or being

    injured should the walls shatter, and

    (e) places of work containing workstations are adequately thermally

    insulated, bearing in mind the type of undertaking involved and the

    physical activity of the employees.

    (2) Paragraph (1)(e) does not apply to places of work in use prior to 31 December

    1992 except as regards modifications, extensions or conversions made after

    that date.

    Windows and skylights.

    10. An employer shall ensure that—

    (a) where it is possible for employees to open, close, adjust or secure

    windows skylights and ventilators—

    (i) it may be done safely, and

    (ii) when open, such windows, skylights and ventilators are not

    positioned so as to constitute a hazard to employees, and

    (b) windows and skylights can be cleaned without risk to the safety, health or

    welfare of persons carrying out this work or of other persons present—

    (i) by design,

    (ii) by being fitted with devices, or

    (iii) in conjunction with the use of equipment.

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    Doors and gates.

    11. An employer shall ensure that—

    (a) the position, number and dimensions of doors and gates, and the materials

    used in their construction, are determined by the nature and use of the

    rooms or areas and are appropriate for the safety, health and welfare of

    employees,

    (b) swing doors and swing gates are transparent or have see-through panels,

    (c) transparent doors are appropriately marked at a conspicuous level,

    (d) if transparent or translucent surfaces in doors and gates are not made of

    safety material and, if there is a danger that employees may be injured if

    a door or gate should shatter, the surfaces are protected against

    breakage,

    (e) sliding doors and sliding gates are fitted with a safety device to prevent

    them from being derailed or falling over,

    (f) doors and gates opening upwards are fitted with a mechanism to secure

    them against falling back,

    (g) there are doors or gates for pedestrian traffic in the immediate vicinity of

    gates intended primarily for vehicle traffic, unless it is safe for

    pedestrians to pass through, and such doors or gates are clearly marked

    and kept unobstructed at all times, and

    (h) mechanical doors and gates—

    (i) function in such a way that there is no risk of accident to

    employees,

    (ii) are fitted with easily identifiable and accessible emergency shut-

    down devices, and

    (iii) can be opened manually where they operate as an emergency

    exit, unless they open automatically in the event of a power

    failure.

    Emergency routes and exits.

    12. Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003

    (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer

    shall ensure that—

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    (a) emergency routes to emergency exits and the exits themselves are kept

    clear at all times and lead as directly as possible to the open air or to a

    safe area,

    (b) in the event of danger, it is possible for employees to evacuate all

    workstations quickly and as safely as possible,

    (c) the number, distribution and dimensions of the emergency routes and

    exits are adequate for the use, equipment and dimensions of the place of

    work and the maximum number of persons that may be present,

    (d) emergency exit doors open outwards,

    (e) any sliding or revolving doors that are fitted are not used, or intended to

    be used, as emergency exits,

    (f) emergency doors and gates are not so locked or fastened that they cannot

    be easily and immediately opened by any person who may need to use

    them in an emergency,

    (g) specific emergency routes and exits are indicated by signs in accordance

    with Part 7 Chapter 1 and such signs are placed at appropriate points

    and are adequately durable,

    (h) emergency routes and exits, and the traffic routes and doors giving access

    to them are free from obstruction so that they can be used at any time

    without hindrance, and

    (i) emergency routes and exits requiring illumination are provided with

    emergency lighting of adequate intensity in case the lighting fails.

    Fire detection and fire fighting.

    13. Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003

    (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer

    shall ensure that—

    (a) a place of work is equipped with appropriate fire-fighting equipment and,

    as necessary, fire detectors and an alarm system, taking account of—

    (i) the dimensions and use of the buildings,

    (ii) the equipment they contain,

    (iii) the physical and chemical characteristics of the substances

    present, and

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    (iv) the maximum potential number of people present,

    (b) non-automatic fire-fighting equipment is—

    (i) easily accessible and simple to use, and

    (ii) indicated by signs in accordance with Part 7, Chapter 1 and the

    signs are placed at appropriate points and are adequately durable,

    and

    (c) fire detection equipment and fire-fighting equipment is—

    (i) inspected and maintained as frequently as necessary to ensure that

    it is in good working order, and

    (ii) serviced by a competent person as frequently as necessary.

    Movement of pedestrians and vehicles in danger areas.

    14. An employer shall ensure that—

    (a) outdoor and indoor places of work are organised in such a way that

    pedestrians and vehicles can circulate in a safe manner,

    (b) traffic routes, including stairs, fixed ladders and loading bays and ramps,

    are designed, located and dimensioned to ensure easy, safe and

    appropriate access for pedestrians or vehicles in such a way as not to

    endanger employees employed in the vicinity of such routes,

    (c) routes used for pedestrian traffic or goods traffic, or for both, are

    dimensioned in accordance with the number of potential users and the

    type of undertaking,

    (d) sufficient safety clearance is provided for pedestrians if means of

    transport are used on traffic routes,

    (e) sufficient clearance is allowed between vehicle traffic routes and doors,

    gates passages for pedestrians, corridors and staircases,

    (f) pedestrian routes and traffic routes are clearly identified for the protection

    of employees, where the use and equipment of places of work so

    require, and

    (g) if the places of work contain danger areas in which, owing to the nature

    of the work there is a risk of an employee or objects falling, these are—

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    (i) equipped, as far as possible, with devices preventing unauthorised

    employees from entering those areas, and

    (ii) clearly indicated, and

    appropriate measures are taken to protect employees authorised to enter

    danger areas.

    Specific measures for escalators and travelators.

    15. An employer shall ensure that escalators and travelators—

    (a) function safely,

    (b) are equipped with any necessary safety devices, and

    (c) are fitted with easily identifiable and accessible emergency shutdown

    devices.

    Loading bays and ramps.

    16. An employer shall ensure that—

    (a) loading bays and ramps are suitable for the dimensions of the loads to be

    transported,

    (b) loading ramps are, as far as possible, safe enough to prevent employees

    from falling off,

    (c) loading bays have at least one exit point, and

    (d) loading bays longer than the width of 5 vehicles have an exit point at each

    end where technically feasible, or alternatively an appropriate refuge is

    provided which may be used to avoid persons at work being struck or

    crushed by a vehicle.

    Room dimensions and air space in rooms and freedom of movement at the workstation.

    17. An employer shall ensure that—

    (a) workrooms have sufficient surface area, height and air space to allow

    employees to perform their work without risk to their safety, health or

    welfare, and

    (b) the dimensions of the free unoccupied area at a workstation are calculated

    to allow employees sufficient freedom of movement to perform their

    work and, where this is not possible for reasons specific to the

    workstation, the employee is provided with sufficient freedom of

    movement near his or her workstation.

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    General welfare requirements.

    18. An employer shall ensure that—

    (a) every place of work is kept in a clean state and accumulations of dirt,

    refuse, trade refuse and waste are removed by a suitable method as

    frequently as necessary to maintain an appropriate level of safety and

    health,

    (b) the floor of every workroom is cleaned by a suitable method as frequently

    as necessary to maintain an appropriate level of safety and health,

    (c) where any employees have in the course of their employment reasonable

    opportunities for sitting without detriment to their work or, where a

    substantial proportion of any work done by employees can properly be

    done sitting,

    (i) suitable facilities for sitting are provided and maintained for their

    use, or

    (ii) if this is not practical, they are otherwise ergonomically

    supported,

    (d) an adequate supply of potable drinking water is provided and maintained

    at suitable points conveniently accessible to all employees,

    (e) suitable and adequate facilities for boiling water and taking meals are

    provided and maintained for the use of employees, or that employees

    have reasonable access to other suitable and adequate facilities for the

    taking of meals, and

    (f) the taking of meals by employees is prohibited at any location in the place

    of work where there is likely to be a risk to safety, health or welfare.

    Rest rooms and rest areas.

    19. An employer shall ensure that—

    (a) where, because of—

    (i) the type of activity carried out, or

    (ii) the presence of more than a certain number of employees, and

    (iii) the safety, health and welfare of employees so requires,

    employees are provided with an easily accessible rest room or

    appropriate rest area except where the employees are employed in

    offices or similar workrooms providing relaxation during breaks,

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    (b) rest rooms are large enough and equipped with tables with easily cleaned

    surfaces and seats with backs, adequate for the number of employees,

    and

    (c) if working hours are regularly and frequently interrupted and there is no

    rest room other rooms are provided in which employees can stay during

    such interruptions wherever this is required for the safety, health or

    welfare of employees.

    Sanitary and washing facilities.

    20. An employer shall provide and maintain and keep in a clean state—

    (a) adequate and suitable sanitary and washing facilities for the use of

    employees,

    (b) an adequate number of lavatories and washbasins, with hot and cold

    running water in the vicinity of workstations, rest rooms, changing

    rooms and rooms housing showers,

    (c) separate use of lavatories or washbasins for men and women, when so

    required for reasons of propriety,

    (d) adequate and suitable showers for employees if required by the nature of

    the work or for health reasons related thereto, and in such case—

    (i) separate shower rooms or separate use of shower rooms for men

    and women,

    (ii) shower rooms which are sufficiently large to permit each

    employee to wash without hindrance in satisfactory conditions of

    hygiene, and

    (iii) showers which are equipped with hot and cold running water, and

    (e) easy access between the rooms housing showers or washbasins where

    they are separate from the changing rooms.

    Changing rooms and lockers.

    21. (1) An employer shall provide or cause to be provided—

    (a) appropriate changing rooms for persons at work if they have to wear

    special work clothes and if, for reasons of health or propriety, they

    cannot be expected to change in another area, which are—

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    (i) easily accessible,

    (ii) of sufficient capacity, and

    (iii) provided with seating,

    (b) separate changing rooms or separate use of changing rooms for men and

    women and

    (c) adequate provision for drying wet or damp work clothes.

    (2) If circumstances so require where work clothes are likely to be contaminated

    by dangerous substances, atmospheric conditions or the conditions of the place

    of work, an employer shall provide, or cause to be provided, facilities in

    changing rooms to enable working clothes to be kept in a place separate from

    personal clothing and effects.

    (3) If changing rooms are not required as referred to in paragraph (1), the

    employer shall ensure that every person at work is provided with a place to

    store his or her own clothes and personal effects.

    Accommodation areas at a place of work.

    22. An employer shall ensure that fixed living accommodation areas provided for

    employees at a place of work—

    (a) are safe and without risk to health, and

    (b) unless used in exceptional cases—

    (i) have sufficient sanitary equipment,

    (ii) are equipped with beds, cupboards, tables and seats with backs,

    taking account of the number of persons at work, and

    (iii) are allocated taking account, where appropriate, of the presence

    of persons of both sexes.

    Outdoor places of work, special provisions.

    23. An employer shall ensure that when employees are employed at outdoor workstations,

    the workstations are, as far as possible, arranged so that employees—

    (a) are protected against inclement weather conditions,

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    (b) are not exposed to harmful influences such as gases, vapours or dust, in

    compliance with the relevant statutory provisions, and

    (c) cannot slip or fall.

    Pregnant, postnatal and breastfeeding employees.

    24. An employer shall ensure that pregnant, postnatal and breastfeeding employees are

    able to lie down to rest in appropriate conditions.

    Employees with disabilities.

    25. An employer shall ensure that places of work, where necessary, are organised to take

    account of persons at work with disabilities, in particular as regards doors,

    passageways, staircases showers, washbasins, lavatories and workstations used or

    occupied directly by those persons.

    Agreements as to a premises used as a place of work.

    26. (1) If, by reason of an agreement between the owner of a premises used as a place of

    work and an employer, the owner or employer is prevented from carrying out

    any structural or other alterations in the premises which are necessary to

    enable the employer to comply with these Regulations,

    (a) the owner or employer may apply to the Circuit Court for an order under

    this Regulation, and

    (b) the Court, after hearing the parties and any witnesses whom they desire to

    call, may make an order setting aside or modifying the terms of the

    agreement, as the Court considers appropriate in the circumstances of

    the case.

    (2) Where, in any premises, the whole or any part of which has been let as a place

    of work,

    (a) any structural or other alterations are required in order to comply with any

    provision of these Regulations, and

    (b) the owner or employer, as the case may be, alleges that the whole or any

    part of the expenses of the alterations ought to be borne by the employer

    or owner,

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    the owner or employer may apply to the Circuit Court for an order under this

    Regulation and, after hearing the parties and any witnesses whom they desire

    to call, the Court—

    (i) may make such an order concerning the expenses, or their apportionment,

    as the Court considers appropriate in the circumstances of the case,

    regard being had to the terms of any contract between the parties, or,

    (ii) in the alternative, at the request of the owner or employer, may determine

    the lease on such terms, having regard to the provisions of the lease, as

    the Court considers appropriate.

    Chapter 2 — Use of Work Equipment

    Interpretation for Chapter 2.

    27. In this Chapter:

    “carrier” means the device by which persons or goods, or both, are supported in

    order to be lifted, lowered or moved;

    “danger zone” means any zone within or around work equipment in which an

    employee is subject to a risk to his or her safety or health;

    “EC declaration of conformity” refers to a declaration of conformity issued

    pursuant to Directive 98/37/EC1 or Directive 2006/42/EC

    2 of the European

    Parliament and of the Council on the approximation of the laws of the

    Member States relating to machinery;

    “exposed employee” means any employee wholly or partially in a danger zone;

    “fishing vessel” means a vessel to which the Safety, Health and Welfare at Work

    (Fishing Vessels) Regulations 1999 (S.I. No. 325 of 1999) apply;

    “hoist or lift” means a lifting machine which has its direction of movement

    restricted by a guide or guides but, for the purpose of this Chapter, does not

    include a fork lift truck order picker, self-propelled variable reach truck or

    similar type equipment;

    ‘hoist or lift’ means a lifting machine which has its direction of movement restricted

    by a guide or guides but, for the purpose of this Chapter, does not include—

    (a) a fork lift truck, order picker, self-propelled variable reach truck or similar type

    equipment,

    1 Official Journal L 207, 23.7.98, p. 1-46;

    2 Official Journal L 157, 9.6.2006, p.24-86

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    (b) platform lifts for use by persons with impaired mobility,

    (c) lifting equipment intended for lifting performers during artistic performances, or

    (d) lifting equipment fitted in means of transport;

    [Substituted by reg. 2(a) of the Safety, Health and Welfare at Work (General Application)

    (Amendment) Regulations 2007 (S.I. No. 732 of 2007) (commenced 12 November 2007)]

    “lifting accessories” include clamps and similar attachments, chain slings, rope

    slings, rings hooks, shackles, swivels, spreader beams, spreader frames and

    any other item placed between lifting equipment and the load or on the load

    in order to attach it, but excluding features of the load used for its lifting;

    “load” includes a person;

    “non-integrated cage or basket” means one which is not equipped with controls

    that control its movement;

    “selection, installation and use of work equipment” means any activity involving

    work equipment, including starting or stopping the equipment, its use,

    transport, repair modification, maintenance and servicing and cleaning;

    “thorough examination” includes testing if—

    (a) a competent person considers it to be necessary for the purpose of the

    examination or

    (b) testing is required pursuant to Regulation 52 and Schedule 1.

    Duties of employer, use of work equipment.

    28. An employer shall ensure that—

    (a) any work equipment provided for use by employees at a place of work

    complies, as appropriate, with the provisions of any relevant enactment

    implementing any relevant Directive of the European Communities

    relating to work equipment with respect to safety and health,

    (b) in selecting the work equipment, account is taken of the specific working

    conditions, characteristics and hazards in the place of work having

    regard to the safety and health of the employees and any additional

    hazards posed by the use of such work equipment,

    (c) the necessary measures are taken so that the work equipment is installed

    and located and is suitable for the work to be carried out, or is properly

    adapted for that purpose and may be used by employees without risk to

    their safety and health,

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    (d) where it is not possible fully to ensure that work equipment can be used

    by employees without risk to their safety or health, appropriate

    measures are taken to minimise any such risk,

    (e) sufficient space to reduce such risks is provided between moving parts of

    work equipment and fixed or moving parts in its environment,

    (f) where the use of work equipment is likely to involve a specific risk to the

    safety or health of employees—

    (i) the use of such work equipment is restricted to those employees

    required to use it, and

    (ii) in cases of work involving repairs, modifications, maintenance or

    servicing of such work equipment, the employees concerned are

    competent to carry out such work,

    (g) the working posture and position of employees while using work

    equipment, and any ergonomic requirements, are taken into account

    having regard to the safety and health of the employees,

    (h) areas and points for working on, or maintenance of, work equipment are

    suitably lit having regard to the operation to be carried out,

    (i) work equipment parts at high or very low temperature are, where

    appropriate protected to avoid the risk of employees coming into contact

    or coming too close,

    (j) work equipment bears warnings and markings essential to ensure the

    safety and health of employees,

    (k) employees have safe means of access to, and egress from, and are able to

    remain safely in, all the areas necessary for production, adjustment and

    maintenance operations,

    (l) work equipment is used only for operations and under conditions for

    which it is appropriate,

    (m) all work equipment is appropriate for protecting employees against the

    risk of the work equipment catching fire or overheating, or of discharges

    of gas, dust, liquid vapour or other substances produced, used or stored

    in the work equipment,

    (n) all work equipment is appropriate for preventing the risk of explosion of

    the work equipment or of substances produced, used or stored in the

    work equipment,

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    (o) work equipment is erected or dismantled under safe conditions in

    particular observing any instructions which may have been provided by

    the manufacturer,

    (p) work equipment which may be struck by lightning while being used is

    protected by devices or appropriate means against the effects of

    lightning, and

    (q) all forms of energy, substances and articles used or produced with work

    equipment are supplied or removed in a safe manner.

    Information and instruction.

    29. An employer shall ensure that—

    (a) the necessary measures are taken so that employees have at their disposal

    adequate information and, where appropriate, written instructions on the

    work equipment containing at least adequate safety and health

    information concerning—

    (i) the conditions of use of work equipment,

    (ii) foreseeable abnormal situations, and

    (iii) the conclusions to be drawn from experience, where appropriate,

    in using such work equipment, and

    (b) employees are made aware of safety and health risks relevant to them

    associated with work equipment located at or near their workstation or

    to any changes relating to that work equipment, even if they do not use

    the equipment.

    Inspection of work equipment.

    30. An employer shall ensure that—

    (a) where the safety of work equipment depends on the installation

    conditions—

    (i) an initial inspection is carried out after installation is completed

    and before it is first put into service, and

    (ii) an inspection is carried out after assembly at any new site or in

    any new location, and that the work equipment is installed

    correctly and is operating properly,

    (b) in the case of work equipment which is exposed to conditions causing

    deterioration liable to result in a danger to safety or health—

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    (i) periodic inspections and, where appropriate, testing is carried out,

    (ii) special inspections are carried out when exceptional

    circumstances arise which are liable to make the work equipment

    unsafe, including modification work, accidents, natural

    phenomena or prolonged inactivity, and

    (iii) deterioration is detected and remedied in good time,

    (c) inspections carried out under paragraphs (a) and (b) are carried out by a

    competent person and are appropriate to the nature, location and use of

    the work equipment,

    (d) the results of inspections carried out under paragraphs (a) and (b) are

    recorded and kept available for 5 years from the date of inspection, for

    inspection by an inspector and access to these records is made available

    to users of the work equipment upon request, and

    (e) when work equipment is used in another place of work, it is accompanied

    by evidence of the last inspection carried out under paragraphs (a) and

    (b).

    Maintenance.

    31. An employer shall ensure that—

    (a) throughout its working life work equipment is kept, by means of adequate

    maintenance, at a level such that it complies with the provisions of this

    Chapter,

    (b) where possible, maintenance operations are carried out when work

    equipment is shut down, and where this is not possible, appropriate

    protection measures are taken for the carrying out of such operations or

    such operations are carried out outside the area of danger,

    (c) work equipment is maintained in such a way as to reduce the risks to

    users of the work equipment and to other persons at work, and

    (d) a maintenance log for any machine is kept up to date.

    Control devices.

    32. (1) An employer shall ensure that—

    (a) work equipment control devices which affect safety and health are clearly

    visible and identifiable and appropriately marked where necessary,

    (b) control devices are located outside danger zones except where necessary,

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    (c) the operation of control devices cannot cause additional hazard,

    (d) the operation of control devices cannot give rise to any hazard as a result

    of any unintentional operation,

    (e) the absence of persons in the danger zones is verifiable from the main

    control position if necessary,

    (f) where it is impracticable to comply with paragraph (e), a safe system such

    as an audible or visible warning signal, or such a signal that is both

    audible and visible, is given automatically whenever the machinery is

    about to start,

    (g) an exposed employee has the time, the means, or both, quickly to avoid

    hazards caused by the starting or stopping, or both, of the work

    equipment,

    (h) control systems are safe, and are chosen making appropriate allowances

    for the failures, faults and constraints to be expected in the planned

    circumstances of use,

    (i) it is possible to start work equipment only by deliberate action on a

    control provided for the purpose,

    (j) a control is included in work equipment to—

    (i) restart it after a stoppage for whatever reason, and

    (ii) to control a significant change in the operating conditions

    unless such a restart or change does not subject exposed employees to

    any hazard,

    (k) all work equipment is fitted with a control to stop it completely and

    safely,

    (l) each workstation is fitted with a control to stop some or all of the work

    equipment depending on the type of hazard, so that the equipment is in a

    safe state,

    (m) the equipment's stop control has priority over the start controls and, when

    the work equipment or the dangerous parts of it have stopped, the

    energy supply of the actuators concerned is switched off, and

    (n) where appropriate, and depending on the hazards the equipment presents

    and its normal stopping time, work equipment is fitted with an

    emergency stop device.

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    (2) Paragraph (1)(j) does not apply to restarting or a change in operating

    conditions as a result of a normal operating cycle of an automatic device.

    Guards and protection devices.

    33. An employer shall ensure that—

    (a) work equipment presenting risk due to falling objects or projections is

    fitted with appropriate safety devices corresponding to the risk,

    (b) work equipment presenting hazards due to emissions of gas, vapour,

    liquid or dust is fitted with appropriate containment devices, extraction

    devices, or both, near the sources of the hazard,

    (c) work equipment and parts of such equipment are, where necessary for the

    safety and health of employees, stabilised by clamping or some other

    means,

    (d) where there is a risk of rupture or disintegration of parts of work

    equipment, likely to pose significant danger to the safety and health of

    employees, appropriate protection measures are taken,

    (e) where there is a risk of physical contact with moving parts of work

    equipment which could lead to accidents, those parts are provided with

    guards or protection devices to prevent access to danger zones or to halt

    movement of dangerous parts before the danger zones are reached,

    (f) guards and protection devices where required under subparagraph (e)—

    (i) are of robust construction,

    (ii) do not give rise to any additional hazard,

    (iii) are not easily removed or rendered inoperative,

    (iv) are situated at sufficient distance from the danger zone,

    (v) do not restrict more than necessary the view of the operating cycle

    of the equipment,

    (vi) allow operations necessary to fit or replace parts, and

    (vii) restrict access for maintenance work only to the area where the

    work is to be carried out, if possible, without removal of the guard

    or protection device,

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    (g) warning devices on work equipment are unambiguous and easily

    perceived and understood, and

    (h) any part of a stock-bar which projects beyond the headstock of a lathe is

    securely fenced unless it is in such a position as to be safe to employees

    as it would be if securely fenced.

    Connection to energy sources.

    34. An employer shall ensure that—

    (a) all work equipment is fitted with clearly identifiable means to isolate it

    from all its energy sources, and

    (b) the reconnecting of the work equipment to its energy sources poses no

    risk to the employees concerned.

    Contact with wheels or tracks of mobile work equipment.

    35. An employer shall ensure that work equipment with ride-on employees is fitted out in

    such a way as to reduce the risks for employees during the journey, including risk

    of contact with or trapping by wheels or tracks.

    Drive systems of mobile work equipment.

    36. An employer shall ensure that—

    (a) where an inadvertent seizure of the drive unit between an item of mobile

    work equipment and its accessories or anything towed, or both, creates a

    specific risk, the work equipment is equipped or adapted to prevent

    blockages of the drive units and where such seizure cannot be avoided,

    every possible measure is taken to avoid any adverse effects on

    employees, and

    (b) where drive shafts for the transmission of energy between mobile items of

    work equipment can become soiled or damaged by trailing on the

    ground, facilities are available for fixing them.

    Combustion engines of mobile work equipment.

    37. An employer shall ensure that mobile work equipment with a combustion engine is

    not used in working areas unless -

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    (a) specific provision is made for conducting the exhaust gases from the

    engine into the open air, or

    (b) the working area is adequately ventilated so as to prevent danger to health

    from the exhaust gases.

    Roll-over of mobile work equipment.

    38. (1) An employer shall ensure that mobile work equipment with ride-on employees is

    designed to restrict, under actual conditions of use, the risks arising from roll

    over of work equipment either by—

    (a) a protection structure to ensure that the equipment does not tilt by more

    than a quarter turn,

    (b) a structure giving sufficient clearance around the ride-on employees if the

    tilting movement can continue beyond a quarter turn, or

    (c) by some other device of equivalent effect.

    (2) The protection structures referred to in paragraph (1) may be an integral part of

    the work equipment but are not required when the work equipment is

    stabilised during operation or where the design makes roll over impossible.

    (3) An employer shall ensure that where there is a risk of a ride-on employee

    being crushed between parts of the work equipment and the ground should the

    equipment roll over a restraining system for the ride-on employees is installed.

    Fork-lift trucks.

    39. An employer shall ensure that a fork-lift truck carrying one or more employees is

    equipped or adapted to limit the risk of it overturning—

    (a) by the installation of an enclosure for the driver,

    (b) by a structure preventing the fork-lift truck from overturning,

    (c) by a structure ensuring that, if the fork-lift truck overturns, sufficient

    clearance remains between the ground and appropriate parts of the fork-

    lift truck for the employees carried, or

    (d) by a structure restraining the employees on the driving seat so as to

    prevent them from being crushed by parts of the fork-lift truck which

    overturns.

    Safety of self-propelled work equipment.

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    40. An employer shall ensure that—

    (a) self-propelled work equipment is operated only by competent persons

    who have been appropriately trained, and

    (b) self-propelled work equipment, which when in motion may create risks

    for persons—

    (i) has facilities for preventing unauthorised start-up;

    (ii) has appropriate facilities for minimising the consequences of a

    collision where there is more than one item of track-mounted

    work equipment in motion at the same time;

    (iii) has a device for braking and stopping equipment;

    (iv) in the event of failure of the main facility for braking and

    stopping equipment where safety constraints so require, has

    available emergency facilities operated by readily accessible

    controls or automatic systems for braking and stopping the

    equipment;

    (v) has adequate auxiliary devices installed to improve visibility

    where the driver's direct field of vision is inadequate;

    (vi) is equipped with lighting appropriate to the work to be carried out

    and ensures sufficient safety for employees where designed for

    use at night or in dark places;

    (vii) is equipped with appropriate fire-fighting appliances where such

    appliances are not available sufficiently nearby at the place of use,

    where such work equipment constitutes a fire hazard, either on its

    own or in respect of whatever it is towing or carrying, or both,

    and is liable to endanger employees;

    (viii) if remote-controlled, stops automatically once it leaves the

    control range;

    (ix) if it

    (I) is remote-controlled, and

    (II) creates, in normal conditions a crushing or impact hazard,

    has facilities to guard against that hazard, unless other appropriate

    devices are present to control the hazard.

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    Traffic rules for mobile work equipment.

    41. An employer shall ensure that—

    (a) if work equipment is moving around in a work area, appropriate traffic

    rules are drawn up and followed,

    (b) organisational measures are taken to prevent employees on foot coming

    within the area of operation of self-propelled work equipment and, if

    work can be done properly only if employees on foot are present,

    appropriate measures are taken to prevent them from being injured by

    the equipment, and

    (c) the transport of employees on mechanically driven mobile work

    equipment is only permitted where safe facilities are provided to this

    effect and if work is carried out during the journey, speeds are adjusted

    as necessary.

    Work equipment for lifting loads.

    42. An employer shall ensure that—

    (a) all lifting operations are properly planned, appropriately supervised and

    carried out to protect the safety of employees,

    (b) when work equipment for lifting loads is installed permanently, its

    strength and stability during use is assured, having regard to the loads to

    be lifted and the stress induced at the mounting or fixing points of the

    structure,

    (c) lifting equipment designed for low frequency use is not installed where its

    anticipated use will render the equipment unsuitable,

    (d) machinery for lifting loads is clearly marked to indicate its safe working

    load, and where appropriate the safe working load for each

    configuration of the machinery,

    (e) work equipment which is not designed for lifting persons is appropriately

    and clearly marked to this effect,

    (f) every drum or pulley round which the chain or wire rope of any lifting

    equipment is carried is of suitable diameter and construction for the

    chain or rope used,

    (g) every chain or rope which terminates at the winding drum of any lifting

    equipment is properly secured thereto and at least two turns of such

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    chains or rope remain on such drum in every operating position of the

    equipment,

    (h) permanently installed work equipment is installed in such a way as to

    reduce the risk of the load—

    (i) striking employees,

    (ii) drifting dangerously or falling freely, and

    (iii) being released unintentionally,

    (i) work equipment which is mobile or can be dismantled and which is

    designed for lifting loads is used in such a way as to ensure the stability

    of the work equipment during use under all foreseeable conditions,

    taking into account the nature of the ground,

    (j) lifting equipment is not used beyond its safe working load except when

    being tested under the direction of a competent person,

    (k) unless required for the effective operation of the work, measures are

    taken to ensure that employees are not present under suspended loads,

    (l) loads are not moved above unprotected workplaces usually occupied by

    employees and

    (m) if the hazards referred to in paragraphs (k) and (l) cannot be avoided,

    appropriate procedures are laid down and applied where work cannot be

    carried out properly any other way.

    Cranes.

    43. (1) An employer shall ensure that, without prejudice to Regulations 42 and 45,

    (a) every crane of variable operating radius, before it is taken into use—

    (i) has plainly marked upon it or within the cab the safe working load

    at various radii of the jib, trolley or crab, and in the case of a

    crane with a derricking jib the maximum radius at which the jib

    may be worked,

    (ii) is fitted with a suitable accurate automatic safe load indicator or

    rated capacity indicator, clearly visible to the driver showing at

    any time the radius of the jib, trolley or crab and the safe working

    load corresponding to that radius unless-

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    (I) it is a guy derrick crane (being a crane of which the mast is

    held upright solely by means of ropes with the necessary

    fittings and tightening screws),

    (II) it is a hand crane which is being solely used for erecting or

    dismantling another crane, or

    (III) it has been assigned by a competent person a safe working

    load of 1,000 kg or less, and

    (iii) has an automatic safe load indicator or rated capacity indicator, if

    required under subparagraph (ii), which i